Defense Attorney Nick Zimmerman said only: “I’m sure there will be an appeal.”

Sago, 24, was accused of conspiring with and aiding gunman Lamar O. Coats, 25; Desmond Bellmon, 25; and his 16-year-old cousin, Michael Sago Jr., in an attempt to rob the eatery, 1513 Charles St.

During the crime, the four were shot by patron Frank Pobjecky, an off-duty Winnebago County deputy. Michael Sago died from his wounds.

Under Illinois law, if a person commits a forcible felony and a person dies during the commission of that crime, the living offenders are legally responsible for the death. This is true even if the defendants did not perform the physical acts that killed the person.

The defense and prosecution were in agreement that the three men stormed the restaurant demanding money. Coates put the barrel of a handgun in the chest of Marie’s owner Vince Tarara and later in the face of Pobjecky; Michael Sago stood at the door as a lookout.

At one point Coates lowered the handgun, which allowed Tarara to grab the gun and scuffle with Coates for control of the weapon.

Pobjecky, who was there to pick up a pizza, was aware that Tarara carried a Glock 27, a semi-automatic handgun. The deputy jumped into the fray to remove Tarara’s handgun, which he kept holstered and concealed under his shirt on his hip.

Pobjecky emptied the handgun, shooting each assailant before locking the front door and directing an employee to lock a side door.

Zimmerman argued that Pobjecky fired at Michael Sago as he was trying to flee the restaurant and called the shooting “not warranted” and “not justified.”

Security cameras captured much of the crime and made for talking points during closing arguments.

“The video speaks for itself,” Zimmerman said. Brandon Sago “committed a crime, but he did not commit murder. ... Michael Sago’s death was not a direct or conceivable consequence of the actions of Brandon Sago.”

Page 2 of 2 - Ross called Zimmerman’s breakdown of the events “Monday-morning quarterbacking. This is not about Frank Pobjecky’s actions. This is about Brandon Sago.”

Still she defended the deputy’s actions: “In that moment, Frank Pobjecky did what he needed to do.”

She argued that the four planned the armed robbery in advance and that there were direct and conceivable consequences to using a loaded handgun to commit a crime.

“When you take that risk, there’s a potential somebody might be killed,” she said. “Somebody might be shot.”